Pennsylvania's DUI penalties rise with your blood alcohol concentration (BAC), the harm you cause, and how many times you've been convicted. Refusing a chemical test brings its own suspension on top of any DUI penalty.
Know the rule
At 21 or older, a BAC of .08 or higher is DUI. You can also be convicted at a lower BAC if stopped for erratic driving: too slow or fast, straddling lanes, wide turns, stopping for no reason, or ignoring signs and signals.
Handbook p. 85 ↗Know the rule
Under 21, you may not drive with any measurable alcohol; a BAC of .02 or greater is DUI.
Handbook p. 86 ↗Implied consent
By being licensed to drive in PA, you've agreed to take chemical tests of breath or blood if arrested for driving under the influence.
Handbook p. 86 ↗Refusing a chemical test
| Situation | Suspension |
|---|---|
| First refusal | 1 year, even if found not guilty of DUI |
| Refusal and found guilty of DUI | May be 2 1/2 years, depending on BAC |
| Refusal with a prior DUI or refusal | 18 months + 18 months for DUI = 3 years |
Chemical test refusal restoration fee
| Offense | Fee |
|---|---|
| First | $500 |
| Second | $1,000 |
| Third or later | $2,000 |
Know the rule
The refusal suspension is added to any suspension for a DUI conviction or ARD, and the refusal fee (paid by certified check or money order) is added to the regular restoration fee.
Handbook p. 86 ↗First-offense DUI penalties
| Tier (BAC) | Sentence and fine | License |
|---|---|---|
| General impairment (.08-.099) | 6 months probation; $300 | No action |
| High rate (.10-.159) | 2 days-6 months prison; $500-$5,000 | 12-month suspension |
| Highest rate (.16+) | 3 days-6 months prison; $1,000-$5,000 | 12-month suspension |
Repeat DUI penalties
| Tier | Second offense | Third offense |
|---|---|---|
| General impairment | 5 days-6 mo prison; $300-$2,500; 12-mo susp. | 10 days-2 yrs; $500-$5,000; 12-mo susp. |
| High rate | 30 days-6 mo; $750-$5,000; 12-mo susp. | 90 days-5 yrs; $1,500-$10,000; 18-mo susp. |
| Highest rate | 90 days-5 yrs; $1,500; 18-mo susp. | 1-5 yrs; $2,500 minimum; 18-mo susp. |
Penalized at the High Rate even at a lower BAC
- Drivers under 21 with a BAC of .02 or more
- Commercial vehicle drivers at .04 or more; school bus drivers at .02 or more
- Drivers at .08 to .099 in a crash causing serious injury, death, or vehicle/property damage
Penalized at the Highest Rate
- Anyone who refuses chemical testing, at any BAC
- DUI of non-prescribed Schedule I, II or III drugs, a drug-alcohol combination, or inhalants
Other DUI consequences
- Alcohol highway safety school for first or second offenses at any level
- Ignition interlock for high-BAC offenders and test refusals; each table suspension adds 1 year of it
- Possible court-ordered alcohol screening and treatment
- Up to 150 hours of community service
If accepted into ARD (first offense) you will:
- Lose your license for up to 90 days
- Stay under court supervision for 6 months
- Pay a $300 to $5,000 fine plus fees and costs
- Undergo alcohol and drug evaluation, and treatment if needed
- Attend 12 1/2 hours of Alcohol Highway Safety School
Know the rule
If your maximum penalty is 6 months (first offense at any level, or second in General Impairment or High Rate), the DUI is an ungraded misdemeanor and you're not entitled to a jury trial.
Handbook p. 87 ↗Put it into practice
A 25-year-old is arrested for DUI and refuses the breath test, then is found not guilty. Their license is still suspended for 1 year for the refusal, and they owe a $500 refusal restoration fee.